Can you be charged for the same crime after the judge declares a mistrial and the DA dismisses the case?
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Can you be charged for the same crime after the judge declares a mistrial and the DA dismisses the case?
Asked on May 17, 2015 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you can be re-charged, because a mistrial or a voluntary dismissal by the district attorney is not a determination or adjudication on the merits--i.e. there was no decision (guilty or not guilty in the case). Only when there was a not guilty verdict are the authorities barred from bringing a new case.
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